N.J. Admin. Code § 13:23-5.19

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:23-5.19 - Request for hearing

(a) If an applicant has been notified in accordance with 13:23-5.18(a) that the Chief Administrator refuses to renew a license endorsement, the applicant shall be entitled to an administrative hearing concerning such refusal provided that the applicant has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the applicant by the Commission in accordance with 13:23-5.18(a).

(b) If a licensee has been notified in accordance with 13:23-5.18(b) of a proposed suspension or revocation of its license endorsement(s), the licensee shall be entitled to an administrative hearing concerning such proposed suspension or revocation provided that the licensee has filed and the Chief Administrator has received a written request for a hearing within 25 days. The 25-day period shall commence on the date such notice was mailed to the licensee by the Commission in accordance with 13:23-5.18(b).

(c) Any written request for a hearing by an applicant or licensee shall be sent to the Driving School Section of the Commission at the address specified in 13:23-5.5(a). The hearing request shall contain the following information:

1. The name, license number, place of business and telephone number of the driving school;

2. A concise statement of facts constituting each ground of defense;

3. A specific admission, denial or explanation of each fact alleged by the Commission in its notice or order to show cause, or if without knowledge thereof, a statement to that effect; any allegation in the Commission's notice or order to show cause that is not answered in accordance with this paragraph shall be deemed to have been admitted; and

4. A statement requesting a hearing.

(d) If the applicant or licensee does not file a written request for a hearing in accordance with (a), (b), or (c) above, the suspension, revocation or refusal to renew the license endorsement(s) shall be effective on the date specified in such notice. The licensee shall cease all examination administration effective on the date specified in such notice.

N.J. Admin. Code § 13:23-5.19